Legal AId

Corporate law

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Birmingham Law Centre: Landlord & Tenant > Commercial

(0121 554 5541

Landlord and Tenant > Commercial

For commercial matters, things are
usually started with a Section 146 notice
(for information and guidance please see the Royal Institute of Chartered Surveyors)
giving a reasonable time for the breaches complained of in the notice to
be rectified otherwise the lease will be forfeit. If the tenant
does not comply, then the landlord can take back possession of the
property (if provided for in the lease) unless the tenant obtains an injunction to prevent this.

Commercial landlords can also
use ‘distrain’ (that is take possessions belonging to the tenant left in
the property) to cover any sums owing.

Alternatively, most leases
terminate if the tenant becomes insolvent so it is worth landlords
considering serving a statutory demand if there are sums owing in excess
of £750 and taking steps to wind up the tenant as then the lease will
automatically come to an end and the landlord can take back possession
of the property.

The law tries very had to
protect residential tenants from being evicted from their homes without
judicial scrutiny to make sure they are not being unfairly treated.
This is not so with commercial matters as there is generally a greater
equality of position.

The options are varied and the
best choice will depend on the circumstances. We can provide you with
the pros and cons of each route and assist in achieving your aims.

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